English Legal System Course Overview
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Questions and Answers

What is one of the main objectives of the English legal system course?

  • Understanding foreign legal systems
  • Understanding of the basic principles of the English legal system (correct)
  • Practicing legal arguments in court
  • Learning about international law

One objective of the course is to acquire language skills in legal English.

True (A)

Name one type of media used in the lectures.

Slides

The course encourages students to stay engaged and focused during _______.

<p>lectures</p> Signup and view all the answers

Match the following course elements with their descriptions:

<p>Slides = Visual support for lectures Moodle = Online platform for course resources Discussions = Interactive component of learning Textbooks = Supplemental reading materials</p> Signup and view all the answers

What is the capital of Wales?

<p>Cardiff (D)</p> Signup and view all the answers

Wales and England have totally different legal systems.

<p>False (B)</p> Signup and view all the answers

What acts unified the legal system of Wales and England?

<p>Laws in Wales Acts 1533 - 1542</p> Signup and view all the answers

Approximately _____ % of people in Wales can speak Welsh as of 2018.

<p>30</p> Signup and view all the answers

Match the following acts with their significance:

<p>Welsh Courts Act 1942 = Recognized a limited right to use Welsh in courts Welsh Language Act 1967 = Permitted parties to use Welsh in courts Welsh Language Act 1993 = Established Welsh and English on equal footing in public business Laws in Wales Acts 1533 - 1542 = Unified the legal system of Wales and England</p> Signup and view all the answers

Which of the following statements about Wales is true?

<p>The Welsh language may be used in any court in Wales. (D)</p> Signup and view all the answers

The Lord Chief Justice of England and Wales is part of a separate legal system for Wales.

<p>False (B)</p> Signup and view all the answers

What percentage of district judges in Wales are Welsh-speaking?

<p>30</p> Signup and view all the answers

The Welsh Assembly, known as _____ in Welsh, has primary legislative powers.

<p>Senedd Cymru</p> Signup and view all the answers

How many cases were heard in Welsh (wholly or partly) in 2018/19?

<p>766 (B)</p> Signup and view all the answers

Which two countries united to form the United Kingdom of Great Britain in the 18th century?

<p>Scotland and England (C)</p> Signup and view all the answers

The Acts of Union in 1707 resulted in the formation of a new Parliament for Scotland only.

<p>False (B)</p> Signup and view all the answers

Which of the following statements is true regarding the use of Welsh in courts?

<p>Welsh can only be used in courts located in Wales. (A)</p> Signup and view all the answers

What legal system does Scots law represent?

<p>A mix between civil law and common law</p> Signup and view all the answers

An appellant from an Industrial Tribunal in Wales can require that their case be heard in Welsh at the Employment Appeal Tribunal in London.

<p>False (B)</p> Signup and view all the answers

In the case of Williams v. Cowell, what was the primary complaint of Mr. Williams?

<p>Discrimination on racial grounds.</p> Signup and view all the answers

The Scotland Act 1998 re-creates a Scottish ______.

<p>Parliament</p> Signup and view all the answers

Wales is an integrated part of the ______ Legal System.

<p>English</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Acts of Union = Created a new Parliament of the UK Scotland Act 1998 = Re-created a Scottish Parliament Scots Law = Mix of civil law and common law Parliament = Legislative body that governs Scotland and the UK</p> Signup and view all the answers

Match the following cases or terms with their context:

<p>Williams v. Cowell = Discrimination case involving dismissal Employment Appeal Tribunal = Tribunal sitting in London Welsh Assembly = Law-making powers for Wales Industrial Tribunal = Court dealing with employment matters</p> Signup and view all the answers

What is one of the characteristics of the English Legal System?

<p>It includes a geographical jurisdiction. (B)</p> Signup and view all the answers

The term 'English' includes legal aspects from both England and Scotland.

<p>False (B)</p> Signup and view all the answers

Name one of the countries that fall under the jurisdiction of the United Kingdom.

<p>England</p> Signup and view all the answers

The formal legal title for the country is the "______ Kingdom of Great Britain and Northern Ireland".

<p>United</p> Signup and view all the answers

Match the following terms with their correct descriptions:

<p>Jurisdiction = A geographic dimension of a legal system Royal Courts of Justice = A key court in England Civil law cases = Live streamed in 2022 The United Kingdom = Political title for the country</p> Signup and view all the answers

Live streaming of court hearings was introduced in 2022 for civil law cases.

<p>True (A)</p> Signup and view all the answers

Which of the following regions is NOT part of the United Kingdom?

<p>Isle of Man (B)</p> Signup and view all the answers

What city houses the Royal Courts of Justice?

<p>London</p> Signup and view all the answers

Which event led to the establishment of the Northern Ireland Assembly's legislative competence?

<p>Northern Ireland Act 1998 (B)</p> Signup and view all the answers

The Criminal Court system in Scotland is part of the United Kingdom's central court system.

<p>False (B)</p> Signup and view all the answers

What court system does Scotland have?

<p>Its own Court system</p> Signup and view all the answers

The __________ Act established the framework for the legislative competence of the Northern Ireland Assembly.

<p>Northern Ireland 1998</p> Signup and view all the answers

Match the following historical events with their significance:

<p>Norman Conquest = Introduction of common law system Henry II reforms = Standardization of laws across England Act of Union 1801 = Ireland becomes part of the UK Irish Partition 1920 = Creation of Northern Ireland</p> Signup and view all the answers

What is a defining characteristic of the common law system compared to civil law systems?

<p>Precedents from previous court decisions are significant (C)</p> Signup and view all the answers

The Northern Ireland Protocol is unrelated to Brexit.

<p>False (B)</p> Signup and view all the answers

What year was Northern Ireland established as part of the UK?

<p>1920</p> Signup and view all the answers

The English legal system is an example of a __________-law based legal system.

<p>common</p> Signup and view all the answers

Which body decides the application of an Act of Parliament to Scotland or Northern Ireland?

<p>It must be expressly stated in the Act (A)</p> Signup and view all the answers

Flashcards

Understanding the English Legal System

Understanding the fundamental ideas that guide the English legal system.

Sources of Law and Law-Making

Learning about the different sources of law and how new laws come to be.

Court Structure and Legal Profession

Gaining knowledge about the hierarchy of courts and the people who work within the legal system.

Legal English and UK Culture

Developing language skills in English as used in a legal context and understanding cultural aspects of legal and political issues in the UK.

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About Moodle

Understanding the purpose and organization of the Moodle platform for this course.

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What is meant by the 'English Legal System'?

The English Legal System refers to the legal framework of England and Wales, which is distinct from the legal systems of Scotland and Northern Ireland.

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What does 'common language' indicate in the English Legal System?

The 'common language' aspect of the English Legal System refers to the fact that it's based on the shared legal traditions and precedents developed in England over centuries.

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What is a 'jurisdiction'?

The term 'jurisdiction' in the legal context refers to the geographical area or scope where a specific legal system applies. It also indicates the power or competence of a court to hear a case.

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What is the official title of the country?

The official name of the country encompassing England, Wales, Scotland and Northern Ireland is the 'United Kingdom of Great Britain and Northern Ireland'.

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What makes the English Legal System different from those in Scotland and Northern Ireland?

The English Legal System is distinct from the legal systems of Scotland and Northern Ireland, highlighting the different historical developments and legal traditions.

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Welsh in London Courts?

In the UK, cases originating in Wales can be moved to London for further proceedings, even if Welsh language use is preferred by the parties.

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Right to Welsh in London?

The UK legal system grants no right for Welsh language use in London courts, even if the case originated in Wales.

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Williams v. Cowell (1999)

In the case of Williams v. Cowell, the Court of Appeal ruled against the use of Welsh in the proceedings, despite its origin in Wales.

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Welsh Assembly's Legal Power

The Welsh Assembly has law-making powers, indicating a degree of legal autonomy in Wales.

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Wales and the English Legal System

Wales is an integral part of the English Legal System, but has some unique features like the Welsh Assembly and the possibility of using Welsh in its courts.

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Legal connection of England and Wales

England and Wales have been united for a long time, forming a single legal system.

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Focus of the course

The legal system of England and Wales is the subject of this course.

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Unification of legal systems

Henry VIII during his reign, unified the legal systems of England and Wales.

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Shared Legal system

England and Wales share the same legal system, including courts, judges, and legal professional bodies.

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Welsh identity

Wales is developing its own distinct identity, with legal implications.

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Welsh Assembly (Senedd Cymru)

Since 1999, Wales has an Assembly, the Senedd Cymru, which has primary legislative power with restricted competences. It can pass its own laws in certain areas.

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Welsh language in courts

The Welsh language can be used in courts under specific circumstances.

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English as the sole language in Welsh courts

The Laws in Wales Acts of 1533-1542 made English the only language allowed in Welsh courts.

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Limited right to use Welsh in courts

The Welsh Courts Act 1942 recognized a limited right to use Welsh in courts, but only for those who felt disadvantaged by not using Welsh.

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Equal footing for Welsh and English in court

Current legislation, such as the Welsh Language Act 1993, ensures equal footing for Welsh and English in legal proceedings in Wales.

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Acts of Union (1707) - Effect

The Acts of Union in 1707 resulted in the merging of the English and Scottish Parliaments to create a single UK Parliament, effectively dissolving the separate parliaments of both nations.

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Scotland's Re-Established Parliament

A new Scottish Parliament was established in 1998 under the Scotland Act, giving Scotland more autonomy.

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Scottish Law: Autonomy and Influence

Scottish law is unique and separate from English law, even though the UK Parliament can still make laws applicable to Scotland.

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Scottish Parliament's Competence

The Scottish Parliament has authority over all areas not explicitly reserved for the UK Parliament, giving it a significant degree of control over Scottish affairs.

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Scottish Law: A Hybrid System

Scottish law is characterized by a blended approach, drawing elements from both civil law and common law systems, making it unique in the UK.

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Common Law System

A legal system where law is developed through judicial precedent (past court decisions), statutes (laws passed by Parliament), and common law principles.

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Precedent

The principle of following past court decisions as a binding guide in similar cases. This creates consistency and predictability in legal rulings.

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Stare Decisis

The process of applying previous rulings from higher courts to similar cases in lower courts.

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Supreme Court of the UK

The highest court in England and Wales, responsible for interpreting the law and providing guidance on legal matters.

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Civil Law System

A legal system where laws are primarily based on written codes and statutes, with less emphasis on judicial precedent.

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Mixed Legal System

A legal system that incorporates elements of both common law and civil law systems. It is characterized by the use of both precedent and codified statutes.

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Scots Law

A legal system that is unique to Scotland, combining elements of the common law tradition with a codified approach.

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Extent Clause

A specific provision in an Act of Parliament stating that it applies exclusively to Scotland or Northern Ireland.

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Silent Act

The situation when an Act of Parliament does not explicitly state its territorial application. This typically means it only applies to England and Wales.

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Northern Ireland Protocol

The Northern Ireland Protocol aims to manage the border between Northern Ireland and the Republic of Ireland following Brexit. It has been controversial due to its impact on trade and governance within the UK.

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Study Notes

  • The presentation is titled "Introduction to the English Legal System."
  • The presenter is Florence Thépot, and her email address is [email protected].
  • The date of the presentation is September 12, 2024.
  • The presentation includes introductory questions for the students, like their program, reasons for choosing the course, and any concerns about the course.
  • The presentation covers practical course information, including objectives, bibliography, Moodle information, and exam details.
  • The presentation includes an understanding of the basic principles of the English legal system and knowledge of the main sources of law and law-making processes.
  • The presentation also includes knowledge of the courts' structure and the legal profession, and acquisition of language skills in legal English, and gaining an understanding of legal & political issues in the UK.

Rules of the game

  • Breaks and diversity of media are facilitated.
  • Opportunities for student interaction encouraged.
  • Students are encouraged to ask questions.
  • Lectures will use slides and discussions.
  • Complementary text books.
  • Students encouraged to cooperate.
  • Email address: [email protected]

About Slides

  • The slides contain basic information and visual support.
  • Slides are incomplete.
  • There is a link to a YouTube video on avoiding PowerPoint death.

About Moodle

  • The presentation states the Moodle platform for course materials.
  • The platform provides slides, a forum, and useful links and information.
  • All course communication will be sent via Moodle.

About the Bibliography

  • The presentation suggests two key books:
    • "The English Legal System" by Alisdair Gillespie & Siobhan Weare (Oxford University Press, 9th edition, 2023)
    • "Elliott & Quinn's English Legal System" (Pearson, 22nd edition, 2024).
  • Both books are available in the university library.
  • Links to library resources are provided.

About the Exam

  • The exam format involves answering 2 out of 3 questions.
  • The exam is a written exam.
  • The exam will be in English.

Introduction to the Introduction

  • The presentation covers an introduction to the topics of the English legal system.
  • A presentation discussing why studying the English legal system, and what does it exactly mean.
  • Studying abroad is a factor due to the frequency of English in international business fields like finance, business law, and stock exchanges.
  • English law is chosen frequently for international business dealings.
  • English law has a great influence on other legal systems worldwide.
  • A report from the World Bank annually ranks countries based on their legal systems and laws, often showing English law as a foundational model.

Information Meeting

  • The meeting on studying abroad is scheduled for Tuesday, September 24th.
  • The meeting location is Amphi Bischoff.

It's in the News...

  • News items include a case of an individual being declared innocent after a legal error.
  • Other news mentions political events, like an historical win for a particular political party in the UK.

It's on Screen

  • The presentation references movies and TV series, such as My Lady, Witness for the Prosecution, and Silk.

For the First time in 2022

  • Crown court sentencing remarks are to be televised for the first time.
  • The change followed a campaign by BBC, ITN and Sky.
  • Civil law cases will be live streamed.
  • Links to relevant YouTube videos and court websites are provided.

Discussion

  • The discussion topics include the meaning of "English" in relation to the English legal system.
  • Consideration of 2 or 3 special characteristics of the English legal system.
  • A second discussion concerning the definition of the English legal system.

English?

  • Presentation explains the political and geographical significance of the term “English”.
  • Includes a map illustrating the UK and its countries, which are England, Wales, Scotland and Northern Ireland.
  • The term “English” in the expression can refer geographically to England, Great Britain, or the United Kingdom of Great Britain and Northern Ireland.
  • Discusses English in the context of sport.
  • The discussion will not cover the legal systems of the United Kingdom, Great Britain, or Northern Ireland. The presentation will focus on the legal systems of England and Wales.

Wales

  • England and Wales share a legal system.
  • Wales has its own Assembly that has powers to create laws.
  • Using Welsh in courts is possible, but limited and determined by court cases.
  • Henry VIII unified the legal systems of England and Wales.
  • The Laws in Wales Acts (1535-1542) legally annexed Wales to England.
  • Welsh is trying to build its own identity with its own laws. The Welsh language is becoming more present in legal courts.

Scotland

  • Scotland has a separate legal system, merging with England in the 18th century to form the United Kingdom of Great Britain.
  • Scotland also has its own Acts of Union (1707).
  • Scots law is a blend of civil law and common law.
  • Important differences exist between English and Scottish legal systems(including criminal law).
  • Scotland has its own court system.
  • The Scottish Parliament was re-created in 1998.

Northern Ireland

  • Northern Ireland joined the United Kingdom in 1920.
  • This area has a legislative competence within its own Assembly.
  • If an Act of Parliament does not specify Northern Ireland, it only applies to England and Wales.
  • The Northern Ireland Protocol, related to Brexit, is discussed.
  • The English legal system is a common-law-based system.
  • It differs from the civil law system.
  • Law originates from legal precedents set by past court rulings, in addition to legislation passed by Parliament.
  • The importance of precedent in the English legal system.
  • A review on how the common law emerged after the Norman Conquest, with changes made to the system through Henry II’s implementation.

Part 1-3

  • The presentation outlines the structure of the course, which is split into three parts: Sources of Law, The Courts, and People in Courts.

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Description

This quiz covers key aspects of the English legal system course, including objectives, course materials, and the unique legal identity of Wales. Test your knowledge on the relationship between Wales and England's legal frameworks and the language skills required in legal English.

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